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Genuinely curious how the law applies here. How is the "time of the breach" determined? When the buyer got the email that sale was voided? If that email were se
by eli 11y ago
Genuinely curious how the law applies here. How is the "time of the breach" determined? When the buyer got the email that sale was voided? If that email were sent a few days earlier or later would that change the amount of damage the buyer suffered? That doesn't seem right. (The FMV of the tickets goes to $0 after the game, right?)
I guess I don't really follow why the buyer is entitled to appreciation on something that was never in their possession.
If the tickets had instead declined in value before the seller backed out then wouldn't the buyer still get back all their money? I assume it would be unacceptable to refund them just the then-current FMV, so why is it different when the tickets appreciate in value?
- URSpider94 11y agoYou are confusing possession with ownership. The buyer owns the tickets from the moment the purchase is complete, whether or not he has received them. If the tickets went down in value in the interim time, then the most expedient thing for the seller to do to cure the problem would be to buy new tickets at the now-reduced price and hand them over to the buyer. You are absolutely right, the buyer can't demand his money back if the tickets go down in value -- he has to accept tickets that are fundamentally the same in value as the ones he was supposed to get. Now, if for whatever reason the seller couldn't replace the tickets even though the price has dropped (unlikely -- that's pretty much the definition of a price, is that the item is available in exchange for money), then he might be able to ask for his money back instead.